Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

219

(2) knowingly or intentionally possesses in, or carries or causes to be brought into, the penal facility or juvenile facility, a deadly weapon without the prior authori zation of the person in charge of the penal facility or juvenile facility; commits carrying a deadly weapon into a correc tional facility, a Level 5 felony. 35-44.1-3-6. Trafficking with an inmate outside a facility. (a) As used in this section, “contraband” means the following: (1) Alcohol. (2) A cigarette or tobacco product. (3) A controlled substance. (4) Any item that may be used as a weapon. (b) As used in this section, “inmate outside a facility” means a person who is incarcerated in a penal facility or detained in a juvenile facility on a full-time basis as a result of a conviction or a juvenile adjudication but who has been or is being transported to another location to participate in or prepare for a judicial proceeding. The term does not include the following: (1) An adult or juvenile pretrial detainee. (2) A person serving an intermittent term of imprisonment or detention. (3) A person serving a term of imprison ment or detention as: (A) a condition or probation; (B) a condition of a community cor rections program; (C) part of a community transition pro gram; (D) part of a reentry court program; (E) part of a work release program; or (F) part of a community based pro gram that is similar to a program described in clauses (A) through (E). (4) A person who has escaped from incar ceration or walked away from secure detention. (5) A person on temporary leave (as described in IC 11-10-9) or temporary release (as described in IC 11-10-10).

zation of the person in charge of a penal facility or juvenile facility, knowingly or intentionally: (1) delivers, or carries into the penal facil ity or juvenile facility with intent to deliver, an article to an inmate or child of the facil ity; (2) carries, or receives with intent to carry out of the penal facility or juvenile facil ity, an article from an inmate or child of the facility; or (3) delivers, or carries to a worksite with the intent to deliver, alcoholic beverages to an inmate or child of a jail work crew or community work crew; commits trafficking with an inmate, a Class A misdemeanor. However, the offense is a Level 5 felony under subdivision (1) or (2) if the article is a controlled substance, a deadly weapon, or a cel lular telephone or other wireless or cellular com munications device. (c) If: (1) the person who committed the offense under subsection (b) is an employee of: (A) the department of correction; or (B) a penal facility; and the article is a cigarette or tobacco product (as defined in IC 6-7-2-5), the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than five thousand dollars ($5,000) under IC 35-50-3-2, in addition to any term of imprisonment imposed under IC 35-50-3-2; or (2) a person convicted of committing a Level 5 felony under subsection (b)(1) or (b)(2) because the article was a cellular telephone or other wireless or cellular communication device, the court shall order the person to pay a fine of at least five hundred dollars ($500) and not more than ten thousand dollars ($10,000) under IC 35-50-2-6(a) in addition to any term of imprisonment imposed on the person under IC 35-50-2-6(a). (d) A person who: (1) is not an inmate of a penal facility or a child of a juvenile facility; and